Legal Terms & Conditions
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Eco Concepts Australia Pty Ltd T/A Eco Outdoor Terms & Conditions of Trade © Copyright – EC Credit Control Pty Ltd 1999 – 2011
Eco Outdoor Legal Terms & Conditions
1.1 “Australian Consumer Law” means the Australian Consumer Law in Schedule 2 to the CCA.
1.2 “CCA” means the Competition and Consumer Act 2010.
1.3 “Company” means Eco Concepts Australia Pty Ltd (ACN 097 041 462) ATF Eco Concepts Unit Trust T/A Eco Outdoor and any person acting on behalf of and with the authority of the Company.
1.4 “Customer” means the person(s) who buys or contracts to buy the Goods with the Company. If there is more than one Customer, the term “Customer” is a reference to each Customer, jointly and severally.
1.5 “Goods” means all goods and/or services sold, delivered or supplied by the Company to the Customer.
1.6 “Price” means the amount payable for the Goods as agreed between the Company and the Customer as indicated on the accepted sales order in accordance with clause 4 below.
2.1 Acceptance of Terms of Trade. Please ensure your sales order is correct. Upon acceptance of the order pursuant to section 2.2 of this Agreement, a binding contract between the Customer and the Company shall be formed. The Customer and the Company are immediately bound, jointly and severally by the terms of the sales order and the terms of trade incorporated therein.
2.2 Acceptance of Order. Acceptance of the order shall be upon:
(a) the Customer placing an order in writing, or(b) the Customer paying a deposit, or
(c) the Customer accepting Delivery of Goods
2.3 Acceptance of Goods.
(a) The Customer must inspect the Goods on Delivery and must within seven (7) days of Delivery notify the Company in writing of any:
(i) evident defect/damage,
(ii) shortage in quantity,
(iii) failure to comply with the description or quote, or
(iv) any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident.
Upon such notification (if required) the Customer must allow the Company access to inspect the Goods, as well as promptly providing any additional information or evidence reasonably required to assess the notification
(b) If the Customer fails to advise the Company in writing of any matter referred to in clause 2.3 within seven (7) days of Delivery, the Customer is deemed to have accepted the Goods and to have accepted that the Goods are not faulty and accord with the Customer's order. Nothing in this clause affects the Customer's rights for any failure to comply with a guarantee under the Australian Consumer Law.
(c) With reference to 2.3a & 2.3b, the Company will not be held liable for any replacement or rectification costs when a Customer has installed the Goods.
3.1 Price. At the Company’s sole discretion, the Price shall be either:
(a) as indicated on an executed sales order or invoice provided by the Company to the Customer; or
(b) the Price as at the date of Delivery of the Goods according to the Company’s current price list.
3.2 Storage & Storage Fees. The Company will store goods, ordered for this Agreement, for 30 days after arrival at the Company’s warehouse. After which storage fees will be payable at a rate of $150 per week per crate. For stocked items, the Company will allocate Goods from stockholding or incoming shipments to meet your proposed delivery date. If we are unable to reach you or your designated contact, we reserve the right to reallocate your order to a later incoming shipment.
3.3 Payment. A non-refundable deposit is required to activate your order. Full, progress or balance payments shall be due no later than seven (7) days prior to your preferred Delivery date, Delivery will not be scheduled until funds have cleared. A minimum level of 50% deposit on undelivered Goods must always be maintained on your order.
3.4 Payment Method. The Customer must make payment to the Company in Australian dollars. Payment may be made by electronic funds transfer (EFT) or credit card (plus a surcharge of 0.9%), payments must reference the Company’s quote or sales order reference on all remittance advice.
3.5 Title of Goods. Title of goods shall not pass to the Customer until:
(a) the Customer has paid the Company all amounts owing to the Company; and
(b) the Customer has met all of its other obligations to the Company and
(c) the Goods have been delivered to the Customer or picked up by the Customer’s representative or their preferred carrier.
4.1 Delivery. (“Delivery”) of the Goods is taken to occur at the time that:
(a) the Customer, the Customer’s representative or the Customer’s nominated carrier takes possession of the Goods at the Company’s address; or
(b) the Company or the Company’s nominated carrier delivers the Goods to the Customer’s nominated address even if the Customer is not present at the address.4.2 Cost of Delivery. At the Company’s sole discretion, the cost of Delivery is either included in the Price or is in addition to the Price.
4.3 Tender.
(a) The Customer must take Delivery by receipt or collection of the Goods when they are tendered for Delivery.
(b) The Company will make reasonable efforts to follow any written or verbal instructions regarding drop-off locations, however, the Company reserves the right to deliver to an alternative position or return to the warehouse, if in their judgment, the specified position at the designated location is unsafe, inaccessible, or otherwise unsuitable for delivery.
(c) If the Customer is unable to take Delivery of the Goods as arranged, then the Company shall be entitled to charge a fee for redelivery and/or storage.4.4 Instalments. The Company may Deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in advance in accordance with the provisions in these terms and conditions. Delay in Delivery of any instalment shall not relieve the Customer of its obligation to accept remaining deliveries.
4.5 Lead Time & Delivery Date Estimates. Any time or date given by the Company to the Customer is an estimate only. The Customer must still accept Delivery of the Goods even if late and the Company will not be liable for any loss or damage incurred by the Customer (included but not limited to liquidated damages) because of extended lead times or late Delivery.
5.1 Risk of Loss. The risk of damage to or loss of the Goods passes to the Customer on Delivery and the Customer must insure the Goods on or before Delivery (pursuant to 4.1).
6.1 Natural Variation. The Company will endeavour to match the finished goods to the original sample(s) as closely as possible. However, variations in appearance may occur between the original sample and the final product, as well as among individual pieces during installation. Natural stone and timber flooring are inherently variable due to their natural origins. Similarly, porcelain tiles, clay tiles and bricks, glass mosaics and bricks, and furniture (including componentry), which are manufactured using natural materials, may also exhibit natural variations. These differences are characteristic of such materials and should be expected.
6.2 Customer Acknowledgement.
The Customer acknowledges that the Goods supplied may:
(a) exhibit natural variations in shade, colour, texture, surface finish, and markings, including fissures, occlusions, lines, or indentations, and may naturally fade or change colour over time;
(b) expand, contract, or distort when exposed to environmental factors such as heat, cold, weather, or coastal conditions;
(c) mark or stain when exposed to certain substances; and
(d) be susceptible to damage or disfigurement from impact or scratching.
6.3 Goods Data. Before or when the Customer places an order for Goods, the Company may provide (including by making them available on the Company’s website) the Customer with
(a) a product specification sheet (Specification) and/or
(b) a technical product data sheet (Data Sheet) outlining technical details in relation to that type of Goods.
The Customer acknowledges and agrees that technical details in Specifications and Data Sheets are indicative only and relate only to Goods of such size and dimensions specified in the relevant Specification or Data Sheet and to the specific sample of Goods tested. Due to natural variations, the technical details of the Goods ordered by the Customer may differ from those outlined in the Specification and/or Data Sheet. Subject to any guarantees under the Australian Consumer Law, small deviations, or slight variations from them which do not substantially affect the Customer's use of the Goods will not entitle the Customer to reject the Goods or to make any claim in respect of them.
7.1 The Company publishes information about its Goods on its website (www.eco-outdoor.com), including downloadable installation guidelines and information in relation to the recommended use, purpose and application of the Goods (Guides).
7.2 As stated in the Guides, installation tips provided by the Company are guides only and do not replace the services of professional builders, contractors and/or consultants. Any statements or representations in the Guides about the use, purpose or application of the Goods are of a general nature only and do not consider individual circumstances.
7.3 The Customer is solely responsible for the installation and use of the Goods. The Company will not be liable in relation to any installation or use of the Goods by the Customer or third party which does not comply with the relevant Guides or is otherwise not in accordance with industry practice or applicable industry standards (if any).
7.4 Apart from the Guides, the Company may from time to time provide the Customer with additional information in relation to the use, purpose or application of the Goods (Additional Information). Additional Information is based on the facts disclosed to the Company at the time the information is provided to the Customer. If any relevant facts have not been disclosed to the Company, or if circumstances change, the Additional Information may not be accurate. To the extent permitted by law, the Company will not be liable in relation to any use of the Goods by the Customer or third party which:
(a) is not in accordance with the Additional Information; or
(b) is in accordance with Additional Information provided by the Company at a time when the Company was not in possession of all relevant facts pertaining to the Customer’s circumstances or where those circumstances have changed without the Company’s knowledge.
7.5 The Company may provide the Customer with a care instructions booklet (Care Instructions) in relation to certain furniture Goods supplied to the Customer. The Company will not be liable for any damage to or other issues with those Goods which are due to the Customer not complying with the Care Instructions.
8.1 The Customer acknowledges that these terms create a security agreement under the PPSA, granting the Company a security interest in all Goods supplied. The Customer agrees to provide necessary assistance for registering and maintaining this interest, indemnify the Company for associated costs, and comply with PPSA obligations, including waiving certain rights as permitted by law. Nothing in these terms excludes provisions of the PPSA unless expressly stated.
8.2 The Customer waives rights to receive certain notices, verification statements, and to redeem or reinstate security interests as permitted under the PPSA. The Customer also ratifies actions taken by the Company regarding registration and enforcement of security interests.
9.1 In consideration of the Company agreeing to supply the Goods, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including the payment of any money).
9.2 The Customer indemnifies the Company from and against all the Company’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising the Company’s rights under this clause.
9.3 The Customer irrevocably appoints the Company and each director of the Company as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 11 including signing any document on the Customer’s behalf.
10.1 Return of Non-Conforming Goods. Returns will only be accepted provided that:
(a) the Customer has complied with the provisions of clause 2.3 and 12.2, and
(b) the Company has agreed that the Goods are defective.
10.2 Company’s Limitations of Liability of Goods. The Company shall not be liable for any defect or damage resulting from the following:
(a) the Customer failing to properly maintain or store any Goods (including, in the case of furniture Goods, failing to maintain the Goods in accordance with the Care Instructions);
(b) the Customer using the Goods for any purpose other than that for which they were designed;
(c) the Customer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) the Customer failing to follow any instructions or guidelines provided by the Company (including Guides and Care Instructions);
(e) fair wear and tear, any accident, or act of God.
(f) per 2.3 the Company will not be held liable for any replacement or rectification costs when a Customer has installed Non-Conforming Goods.
10.3 Return of Conforming Goods. The Company may in its absolute discretion accept non-defective Goods for return. If the Company accepts return of conforming goods, the customer must:
(a) return full, unopened, and undamaged crates only,
(b) return the Goods within 60 days of delivery,
(c) pay the Company’s handling fees, the greater of thirty percent (30%) of the value of the returned Goods or one hundred and fifty ($150.00) dollars
(d) pay return freight costs and
(e) be in good standing with the Company.
The return will result in a credit on account for use against future purchases which expires 3 years from the date of issue.
10.4 Customised Goods. The Customer acknowledges that the Company will not accept the return of Customised Goods.
10.5 Notwithstanding anything contained in this clause, if the Company is required by a law to accept a return then the Company will only accept a return on the conditions imposed by that law.
10.6 The Company may (but is not obliged to) provide a warranty card to the Customer in relation to certain furniture Goods. If the Company does provide a warranty card (also available on the homepage footer of www.eco-outdoor.com, the limited warranty provided under that warranty card is in addition to any other rights that the Customer may have under the Australian Consumer Law and other applicable laws.
10.7 Clearance / Outlet Sales.
(a) Clearance/Outlet Goods may have minor defects or imperfections, which are disclosed at the time of sale.
(b) Clearance/Outlet items are sold on a no-refund, no-return basis for change of mind or for disclosed defects except as required by Australian Consumer Law for major failures.
11.1 In this clause, “Intellectual Property Rights” means intellectual property rights at any time protected by statute or common law, including copyright, trademarks, patents and registered designs.
11.2 Where the Company has designed, drawn or developed Goods for the Customer, then any Intellectual Property Rights in any designs and drawings and documents shall remain the property of the Company.
11.3 The Customer warrants that all designs, specifications or instructions given to the Company will not cause the Company to infringe any patent, registered design or trademark in the execution of the Customer’s order and the Customer agrees to indemnify the Company against any action taken by a third party against the Company in respect of any such infringement.
11.4 The Customer agrees that the Company may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings of Goods which the Company has created for the Customer.
12.1 Without prejudice to any other remedies the Company may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions, the Company may suspend or terminate the supply of Goods to the Customer under these terms and conditions. The Company will not be liable to the Customer for any loss or damage the Customer suffers because the Company has exercised its rights under this clause.
12.2 Without prejudice to the Company’s other remedies at law, the Company shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Company shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Company becomes overdue, or in the Company’s opinion the Customer will be unable to make a payment when it falls due;
(b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
13.1 Company’s Right to Cancellation. The Company may cancel any contract to which these terms and conditions apply or cancel Delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer.
13.2 Customer’s Refund for Company’s Cancellation. Pursuant to section 15.1, on giving such notice the Company shall repay to the Customer any money paid by the Customer for such Goods the Customer did not receive.
13.3 Company’s Limitation of Liability. The Company shall not be liable for any incidental or consequential loss or damages whatsoever arising from the Company’s cancellation of the contract or stopped Delivery of Goods pursuant to section 15.1.
13.4 Customer’s Right of Cancellation. The Customer may cancel orders for stocked Goods within 30 days of sales order activation for a credit on account with no penalty (if delivery or pick up has not been arranged) OR a refund subject to a 30% restocking fee. For Goods made to order for this Agreement, after activation of the Sales Order, the order cannot be cancelled, if the customer defaults on this agreement, any Deposits paid will be forfeited.
14.1 The Customer agrees that personal information collected by the Company may be used, retained, and disclosed for the following purposes:
(a) the provision of Goods;
(b) marketing of Goods by the Company, its agents, or distributors;
(c) verifying and processing payments, direct debit facilities, or credit facilities requested by the Customer;
(d) managing the Customer’s account, including collection of outstanding amounts; and
(e) responding to Customer requests or queries.
14.2 The Company may also disclose personal information to third parties who assist in conducting its business, such as payment processors, delivery companies, professional advisors, or government and regulatory bodies as required by law.
14.3 Further information on how the Company manages personal information, including access, correction, and complaints, is available at: https://www.eco-outdoor.com/en-au/privacy-policy
15.1 These terms and conditions may only be amended with the Company’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and the Company.
15.2 The failure by the Company to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Company’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
15.3 These terms and conditions and any contract to which they apply shall be governed by the laws of the state of New South Wales, Australia, and are subject to the jurisdiction of the courts in that state.
15.4 The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by the Company nor to withhold payment of any invoice because part of that invoice is in dispute.
15.5 The Customer agrees that the Company may amend these terms and conditions at any time. If the Company makes a change to these terms and conditions, then that change will take effect on all subsequent orders from the date. The Customer will be taken to have accepted such changes if the Customer makes a further request for the Company to provide Goods to the Customer.
15.6 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party (Force Majeure Event). If a Force Majeure event prevents or hinders the Company’s provision of the Goods, the Company is free from any obligation to provide the Goods while those circumstances continue. The Company may elect to terminate these terms and conditions or keep them on foot until such circumstances have ceased. A Force Majeure Event does not terminate or suspend the Customer’s obligation to pay for Goods in accordance with these terms and conditions.
15.7 The Customer warrants that it has the power to enter into this agreement, has obtained all necessary authorisations to allow it to do so, is not insolvent and that this agreement creates binding and valid legal obligations on it.
16.1 The Customer agrees that the Company may at any time appoint or engage an agent or subcontractor to perform an obligation of the Company arising out of or pursuant to these terms and conditions.
16.2 The Company has the right to assign and transfer to any person all or any of its title, estate, interest, benefit, rights, duties and obligations arising in, under or from these terms and conditions.
16.3 The Customer is not to assign, or purport to assign, any of its obligations or rights under these terms and conditions without the prior written consent of the Company.
17.1 Under applicable State, Territory and Commonwealth law (including the CCA), certain guarantees and warranties (including the statutory guarantees under the Australian Consumer Law) may be implied into these terms and conditions which cannot be excluded, limited or modified (Non-Excluded Guarantees).
17.2 The Company acknowledges that nothing in these terms and conditions purports to limit, modify or exclude the Non-Excluded Guarantees.
17.3 Except for the Non-Excluded Guarantees and as expressly set out in these terms and conditions, all terms, conditions, warranties and representations that might otherwise be granted or implied by law are expressly excluded.
17.4 The Company does not exclude, restrict or modify any liability that cannot be excluded, restricted or modified by law, including liability under the Australian Consumer Law. However, where such statutory provisions apply, to the extent to which the Company is entitled to do so, the Company's liability will be limited at its option to:
(a) in the case of a supply of goods:
(i) the replacement of the goods or supply of equivalent goods;
(ii) the payment of the cost of replacing the goods or acquiring equivalent goods;
(iii) the payment of the cost of having the goods repaired; or
(iv) the repair of the goods; and
(b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
17.5 If the Customer is not a consumer within the meaning of the Australian Consumer Law, the Company’s liability for any defect in or damage to the Goods is:
(a) limited to any express warranty or warranty card provided to the Customer by the Company in the Company’s sole discretion;
(b) limited to any warranty to which the Company is entitled, if the Company did not manufacture the Goods; and
(c) otherwise negated absolutely.
17.6 To the fullest extent permitted by law and subject to the Australian Consumer Law and any express exceptions contained in these terms and conditions, the Company will under no circumstances be liable in any way whatsoever to the Customer for any form of loss, damage or expense sustained or incurred by the Customer or any other party (including indirect or consequential losses, loss of goodwill, loss of business or anticipated savings, loss of profits or use, any rectification, demolition, removal or reinstallation costs or any third party claims) in consequence of or resulting directly or indirectly out of the supply of the Goods by the Company, the use or performance thereof, any breach by the Company of this agreement, or the negligence of the Company.
17.7 Notwithstanding anything else in these terms and conditions, to the extent permitted by law (including the Australian Consumer Law), the Company’s total liability in connection with the supply of the Goods shall be limited to the Price of the Goods the subject of the claim.
18.1 The Customer hereby indemnifies the Company for any loss or damage suffered by the Company arising from or in connection with:
(a) any breach of these terms and conditions by, or negligence of, the Customer;
(b) any breach of law by the Customer;
(c) the Customer’s installation of the goods or their use or storage after delivery to the Customer; or
(d) the death or injury to any person or damage to or loss of any property arising from the performance by the Customer of its obligations under these terms and conditions.
19.1 In these terms and conditions, unless expressly stated otherwise
(a) the singular includes the plural and vice versa;
(b) a reference to a party to these terms and conditions or any other document or arrangement includes that party's executors, administrators, successors and permitted assigns and any person acting both on behalf of and with the authority of that party;
(c) if the date on which any act, matter or thing is to be done falls on a day which is not a business day in the place where the Services are principally being carried out or the Goods provided, that act, matter or thing:
(i) if it involves a payment other than a payment which is due on demand must be done on the preceding business day; and
(ii) in all other cases, must be done on the next business day;
(d) money amounts are stated in Australian currency; and
(e) the words “including”, “includes”, “for example” and similar expressions are not words of limitation.